3rd Supplemental Notice of Proposed Changes in the Regulations of the Department of Transportation & Public Facilities

Published: April 21, 2012

The Department of Transportation and Public Facilities proposes to adopt regulation changes in Title 17, Chapter 90 of the Alaska Administrative Code, dealing with measurement standards, including the following:

17 AAC 90.045, dealing with testing equipment, is proposed to be changed to give the director discretion to require that the owners of weighing and measuring devices and those servicing these devices supply calibrated field standards on location for purposes of device testing. This proposal clarifies the current requirement listed in the National Institute of Standards and Technology Handbook 44 section G-UR.4.4. Assistance in Testing.

17 AAC 90.618 is a proposed new section dealing with retail sales of refined petroleum products, including all product blends of gasoline and diesel fuel oils. The proposed changes require that retail sales of refined petroleum products from a retail motor fuel dispenser or a meter with a maximum flow rate of less than 100 gallons (378 liters) per minute occur on a gross volume basis, and prohibits temperature compensation or adjustment based on other factors.

This is a THIRD SUPPLEMENTAL NOTICE in addition to the FIRST SUPPLEMENTAL NOTICE that was issued on April 7, 2011 and the SECOND SUPPLEMENTAL NOTICE that was issued on February 10, 2012. This THIRD SUPPLEMENTAL NOTICE is being issued to provide additional opportunity to comment.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to: Andrea Veach, Division of Measurement Standards and Commercial Vehicle Enforcement, 11900 Industry Way, Building M, Suite 2, Anchorage, AK 99515.

The comments must be received no later than 5:00 p.m. on May 22, 2012. If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Andrea Veach at (907) 365-1210 no later than May 15, 2012to ensure that any necessary accommodations can be provided.

For a copy of the proposed regulation changes, contact Andrea Veach, Director’s Office, Division of Measurement Standards and Commercial Vehicle Enforcement, 11900 Industry Way, Building M, Suite 2, Anchorage, Alaska 99515 or go to: http://dot.alaska.gov/mscve/main.cfm. After the public comment period ends, the Department of Transportation and Public Facilities will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected.

Statutory Authority: AS 45.75.040, AS 45.75.050.

Statutes Being Implemented, Interpreted, or Made Specific: AS 45.75.040; AS 45.75.050; AS 45.75.080; AS 45.75.190.

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.